HomeMy WebLinkAboutCC RES 06-78RECORDING REQUESTED BY:
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Recorded in official Recor4 Orange County
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City or Tustin Tom Daly, Clerk -Recorder
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AND WHEN RECORDED MAIL TO: 2006000715359 08.11 am 10124106
212 50 R28 5
City of Tustin 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City Clerk's Office
300 Centennial Way
Tustin, CA 92780
RECORDING FEES EXEMPT PER GCS 6103
RESOLUTION NO. 06-78
RESOLUTION NO. 06-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, TO SUMMARILY VACATE A
SIDEWALK EASEMENT OVER A PORTION OF LOT 37 OF
TRACT MAP NO. 8590
WHEREAS, in 1997 an easement for sidewalk purposes was dedicated, per
I nstrument No 1997-0118157, adjacent to a driveway on Franklin Avenue over a portion
of Lot 37 of Tract Map No. 8590; and
WHEREAS, the applicant must relocate the existing driveway and adjacent
sidewalk to accommodate a new industrial building; and
WHEREAS, the new driveway and sidewalk have been constructed and a new
sidewalk easement has been recorded;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin, California does hereby:
1. Elect to proceed under the provisions of Chapter 3, Part 3, Division 9
(Section 8320, et. seq.) of the California Streets and Highways Code; and
2. Summarily vacate a sidewalk easement over a portion of Lot 37 of Tract
Map No. 8590 as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto and incorporated herein by this reference, and as filed in
the office of the City Clerk; and
3. Make a finding that this portion of Lot 37 of Tract Map No. 8590 is
unnecessary for present or future public street purposes or as a non-
motorized transportation facility; and
4. Make a finding that the need for the existing sidewalk easement has been
superseded by relocation of the driveway and adjacent sidewalk, and
there are no other public facilities located within the easement; and
5. Make a finding that the project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA), Class 1,
Section 15301: Existing Facilities.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of October 2006.
Resolution No. 06-78
Page 1 of 4
PA~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 06-78 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
October, 2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Davert. Hagen. Amante. Bone. Kawashima (5)
None (0)
None (0)
None (0)
~~
CITY CLERK
Resolution No. 06-78
Page 2 of 4
EXHIBIT "A"
A VACATION OF A SIDEWALK EASEMENT PER INSTRUMENT NUMBER
1997-0118157 RECORDED MARCH 14, 1997 IN THE OFFICE OF THE
COUNTY RECORDER, OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 37 OF TRACT NO.
8590, IN THE CITY OF TUSTIN, COUNTY ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 346, PAGES 19 THROUGH 24, OF
MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER
RECORDED IN SAID COUNTY, SAID CORNER BEING ON THE WESTERLY
RIGHT OF WAY OF FRANKLIN AVE. 30.00 FEET MEASURED AT RIGHT
ANGLES FROM THE CENTER LINE OF SAID STREET, SAID CORNER ALSO
BEING ON A 1970 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, TO
WHICH A RADIAL LINE BEARS SOUTH 540 31' 11- EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY
89.34 FEET THROUGH A CENTRAL ANGLE OF 20 35' 54- TO A POINT TO
WHICH A RADIAL LINE BEARS SOUTH 510 55'17- EAST, SAID POINT BEING
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND RIGHT
OF WAY 41.84 FEET THROUGH A CENTRAL ANGLE OF 1013'01- TO A
POINT TO WHICH A RADIAL LINE BEARS SOUTH 50042'16- EAST;
THENCE NORTH 50042'16- WEST ALONG SAID RADIAL LINE, 4.00 FEET TO
A POINT ON A NON-TANGENT 1966 FOOT RADIUS CURVE CONCAVE.
NORTHWESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 50042'16-
EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE 41.76 FEET THROUGH A
CENTRAL ANGLE OF 10 13' 01- TO A POINT TO WHICH A RADIAL LINE
BEARS SOUTH 510 55'17"' EAST;
THENCE SOUTH 510 55'17- EAST ALONG SAID RADIAL LINE, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 167 S.F. (0.004 ACRES) MORE OR LESS
Resolution No. 06-78
Page 3 of 4
EXHISIT .S.
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lAND
DEVELOPMENT
DESIGN
CORPORA nON
DA TE: SCALE: SHEET:
2/9/06 1-=20' 1 OF 1
2313 E. Philadelphia St., Ste. F "'''''<'
ONTARIO, CA 91761
(909) 930-1466
FAX (909) 930-1468
PLANNING · CIVIL · SURVEYING
JOB NO.
4092 VACA nON
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SCALE: 1"-20'
Resolution No. 06-78